Dismissal of the appeal against the coercive measure by the Child and Adult Protection Authority

Facts

The appellant, A., was placed in a psychiatric clinic for coercive measures due to a mental disorder on 4 May 2016. The Child and Adult Protection Authority (KESB) decided on 2 June 2016 to continue the coercive measure and delegated the authority to release to the institution. The appellant appealed against this decision to the KESB, which dismissed her appeal. The Higher Court of the Canton of Thurgau dismissed the appellant's appeal against the KESB's decision. The appellant then appealed to the Federal Court.

The appellant claims that the KESB is not a court within the meaning of Art. 6 para. 1 ECHR and that the President of the KESB, Dr. C., is biased because she was involved in both the original decision and the appeal decision.

Considerations

The Federal Court examined whether the KESB is a court within the meaning of Art. 30 para. 1 Cst. and Art. 6 para. 1 ECHR. It concluded that the KESB has the characteristics of a court, as it is independent and impartial, establishes the legally relevant facts itself, and applies the legal provisions to the facts established in a lawful procedure.

The Federal Court also examined whether the President of the KESB, Dr. C., is biased because she was involved in both the original decision and the…